Browsing by Author "Ishani Chatterjee"

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    A Transnational Gavel: Magnitsky Sanctions and Whistleblower Protection in BPC Nexus States
    (NLUJAA, 2026) Ishani Chatterjee
    The term Bureaucratic-Political-Criminal (BPC) Nexus refers to a lasting structural amalgamation of state administrative machineries, political power and organised criminal organisations which transforms the formal state institutions into the channels of illicit accumulation and repression. It is not just breaches of corruption as the BPC Nexus characterises a systemic integration whereby rule-of-law functions (investigation, prosecution, regulation and adjudication) are under subordination to private or partisan interests. In this type of systems legal forms exist that serve merely as instruments; laws, procedures and state agencies serve to defend individual interests, or to cover expropriation, or to put off critics. In modern research other terms (state capture, kleptocracy, criminalisation of the state) are utilised to describe the same trend; theoretically, the key characteristic is the breakdown of institutional integrity and objectivity that the normal checks and balances assume. Legal protection of whistleblowers represents a principal mechanism to maintain the rule of law, institutional transparency, and mobilise domestic accountability structures that are geared towards identifying and preventing corruption and severe rightsviolations. Whistleblowing, as an internal remedy, enhances regulatory integrity and confidence of the population in systems where the reporting individuals are assured of independent investigative authority and impartial courts to act on their complaints. In other jurisdictions organised around a Bureaucratic-Political-Criminal (BPC) nexus, however, the institutional capture of whistleblower protection laws and control systems is often made ineffective by this capture.